Exempt vs. Nonexempt: Watch out for tasks, time clocks when calculating overtime pay

It’s your responsibility to keep accurate time records

Ensure that the method you use to track hours and calculate overtime is easily defensible and accurate. Under the Fair Labor Standards Act, it is your responsibility to make sure all time is accounted for.

Recent case: Gilberto worked for Trendy Collections, sometimes attending trade shows in addition to his work in the company’s main location.

He sued, claiming that some weeks he worked as many as 96 hours. Thus, he said, he sometimes made far less than the minimum wage (with no overtime) when his paycheck was divided by his claimed hours.

The employer asked the court to dismiss the case, presenting time cards as evidence. But some of the cards bore other employees’ names, so Gilberto challenged their relevance. The court said his case could go to trial. (Hernandez v. Trendy Collections, ND TX, 2018)